Hex had jaw surgery today. From what sd had told us previously, they are replacing her jaw with plastic or metal and she will be unable to talk for a while. I'm not a doctor (hex is) so I have no idea how major or minor it that surgery is. The custody trial had been planned for late July before it got pushed back and her lawyer had told our lawyer that hex would be able to attend the trial for late July as her jaw surgery was scheduled for today.
Now to my question: it is the summer so we currently have one week on, one week off with sd. It's going very well so far- smooth transition. Now hex has done this before (two years ago) when she had some other surgery. There is a right of first refusal and the JCP clearly states that the parent who currently has SD should offer SD to the other parent before placing her in the care of a third party (with the exception of school and daycare). I am considered a third party. Hex has repeatedly broken this by sending sd to her mother instead of DH. The JCP states any licensed adult can pick sd up from daycare or school as long as they tell the other parent beforehand. The JCP also states something along the lines of that no adult in the vicinity of Sd can be under the influence of "alcohol and mood altering prescription medication."

If hex is as her mothers house and recovering from jaw surgery as hex cannot take care of herself and is under prescription medication, her mother is taking care of her AND SD, wouldn't this be violating all of these clauses?

I'm honestly curious. Years ago When DH confronted her about the surgery she had, she stated that her mom was looking after SD while she was present (although she had a major surgery then so she was probably knocked out from the meds) so therefore it did not break the ROFR. She had the surgery the week she had sd last time.

Sigh.